[Ord. No. 1703 §1, 11-20-2013]
No person shall be an Alderman unless he or she is at least
eighteen (18) years of age, a citizen of the United States, and an
inhabitant and resident of the City of Dardenne Prairie for one (1)
year next preceding his or her election, and a resident, at the time
he or she files and during the time he or she serves, of the ward
from which he or she is elected.
No person shall be Mayor unless he/she be at least twenty-five
(25) years of age, a citizen of the United States, and a resident
of the City at the time of and for at least one (1) year next preceding
his/her election.
The Board shall elect one (1) of their own number who shall
be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
When any vacancy shall happen in the office of Mayor by death,
resignation, removal from the City, removal from office, refusal to
qualify, or from any other cause whatever, the Acting President of
the Board of Aldermen shall, for the time being, perform the duties
of Mayor, with all the rights, privileges, powers and jurisdiction
of the Mayor, until such vacancy be filled or such disability be removed
or, in case of temporary absence, until the Mayor's return.
The Mayor and Board of Aldermen of each City governed by this
Chapter shall have the care, management and control of the City and
its finances and shall have power to enact and ordain any and all
ordinances not repugnant to the Constitution and laws of this State,
and such as they shall deem expedient for the good government of the
City, the preservation of peace and good order, the benefit of trade
and commerce, and the health of the inhabitants thereof, and such
other ordinances, rules and regulations as may be deemed necessary
to carry such powers into effect and to alter, modify or repeal the
same.
The Mayor shall have a seat in and preside over the Board of
Aldermen but shall not vote on any question except in case of a tie,
nor shall he/she preside or vote in cases when he/she is an interested
party. He/she shall exercise a general supervision over all the officers
and affairs of the City and shall take care that the ordinances of
the City, and the State laws relating to such City, are complied with.
The style of the ordinances of the City shall be: "Be it ordained
by the Board of Aldermen of the City of Dardenne Prairie, as follows:"
No ordinance shall be passed except by bill, and no bill shall become
an ordinance unless on its final passage a majority of the members
elected to the Board of Aldermen shall vote for it, and the "ayes"
and "nays" be entered on the journal. Every proposed ordinance shall
be introduced to the Board of Aldermen in writing and shall be read
by title or in full two (2) times prior to passage, both readings
may occur at a single meeting of the Board of Aldermen. If the proposed
ordinance is read by title only, copies of the proposed ordinance
shall be made available for public inspection prior to the time the
bill is under consideration by the Board of Aldermen. No bill shall
become an ordinance until it shall have been signed by the Mayor,
or person exercising the duties of the Mayor's office, or shall have
been passed over the Mayor's veto as herein provided.
Every bill duly passed by the Board of Aldermen and presented
to the Mayor and by him/her approved shall become an ordinance, and
every bill presented as aforesaid, but returned with the Mayor's objections
thereto, shall stand reconsidered. The Board of Aldermen shall cause
the objections of the Mayor to be entered at large upon the journal
and proceed at its convenience to consider the question pending, which
shall be in this form: "Shall the bill pass, the objections of the
Mayor thereto notwithstanding?" The vote on this question shall be
taken by "ayes" and "nays" and the names entered upon the journal,
and if two-thirds (⅔) of all the members-elect shall vote in
the affirmative, the City Clerk shall certify the fact on the roll,
and the bill thus certified shall be deposited with the proper officer
and shall become an ordinance in the same manner and with like effect
as if it had received the approval of the Mayor. The Mayor shall have
power to sign or veto any ordinance passed by the Board of Aldermen;
provided, that should he/she neglect or refuse to sign any ordinance
and return the same with his/her objections, in writing, at the next
regular meeting of the Board of Aldermen, the same shall become a
law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its
proceedings, and the "ayes" and "nays" shall be entered on any question
at the request of any two (2) members. The Board of Aldermen may prescribe
and enforce such rules as it may find necessary for the expeditious
transaction of its business.
The Board of Aldermen shall semi-annually each year, at times
to be set by the Board of Aldermen, make out and spread upon their
records a full and detailed account and statement of the receipts
and expenditures and indebtedness of the City for the half year ending
with the last day of the month immediately preceding the date of such
report, which account and statement shall be published in some newspaper
in the City.
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.
The Board of Aldermen shall have power to compel the attendance
of witnesses and the production of papers and records relating to
any subject under consideration in which the interest of the City
is involved and shall have power to call on the proper officers of
the City, or of the County in which such City is located, to execute
such process. The officer making such service shall be allowed to
receive therefor such fees as are allowed by law in the Circuit Court
for similar services, to be paid by the City. The Mayor or Acting
President of the Board of Aldermen shall have power to administer
oaths to witnesses.
The Mayor shall sign the commissions and appointments of all
City Officers elected or appointed in the City and shall approve all
official bonds unless otherwise prescribed by ordinance.
The Mayor shall be active and vigilant in enforcing all laws
and ordinances for the government of the City, and he/she shall cause
all subordinate officers to be dealt with promptly for any neglect
or violation of duty; and he/she is hereby authorized to call on every
male inhabitant of the City over eighteen (18) years of age and under
fifty (50) to aid in enforcing the laws.
The Mayor shall from time to time communicate to the Board of
Aldermen such measures as may, in his/her opinion, tend to the improvement
of the finances, the Police, health, security, ornament, comfort and
general prosperity of the City.
The Mayor shall have power to remit fines and forfeitures and
to grant reprieves and pardons for offenses arising under the ordinances
of the City; but this Section shall not be so construed as to authorize
the Mayor to remit any costs which may have accrued to any officer
of said City by reason of any prosecution under the laws or ordinances
of such City.
[Ord. No. 741 §§2 —
3, 5, 4-15-2004; Ord.
No. 1184 §1, 7-18-2007; Ord. No. 1297 §1, 4-16-2008]
A.
The
Board of Aldermen of the City of Dardenne Prairie, Missouri, shall
meet in regular session at 7:00 P.M. on the first (1st) and third
(3rd) Wednesdays of each month. The regular meeting place for the
regular meetings of the Board of Aldermen of the City of Dardenne
Prairie, Missouri, shall be the City Hall, located at 2032 Hanley
Road, Dardenne Prairie, Missouri.
B.
The
Board of Aldermen shall hold their work session on the first (1st)
and third (3rd) Wednesdays of each calendar month. All meetings shall
be held at the City Hall, located at 2032 Hanley Road, Dardenne Prairie,
Missouri, at 5:30 P.M. local time.
C.
Nothing
in this Section shall prohibit the Board of Aldermen from commencing
a regular meeting before or after 7:00 P.M. or a work session meeting
before or after 5:30 P.M. on the date of the regular meeting or work
session if the posted agenda for the regular meeting establishes a
different starting time for the regular meeting or work session.
Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
At the hour appointed, the Mayor, or in his/her absence the
Acting President of the Board of Aldermen, shall call the Board to
order, the Clerk shall call the roll of members and announce whether
or not a quorum is present. A majority of the members elected to the
Board shall constitute a quorum. If a quorum not be present, a smaller
number may lawfully adjourn the meeting from day to day until a quorum
is present.
[Ord. No. 2263, 7-19-2023]
A.
Order Of Business. The Board of Aldermen, at its regular meetings,
shall proceed to transact the business before them in the following
order:
B.
Robert's Rules Of Order. Except as otherwise set forth in this
Code, the Board of Aldermen shall conduct its meetings in accordance
with Henry M. Robert III, et al., Robert's Rules of Order Newly
Revised (12th Ed., Public Affairs 2020) or any subsequent edition
thereof and in accordance with the provisions of Chapter 610, RSMo.
1.
Motion To Reconsider. Upon the declaration of a vote by the
presiding officer on any question subject to reconsideration pursuant
to this Section, any member who voted with the prevailing side may
move for a reconsideration of the matter at the same or the next succeeding
regular meeting of the Board of Aldermen, provided that said question
must be expressly placed upon the agenda for said succeeding regular
meeting consistent with the Requirements of Chapter 610, RSMo.
Notwithstanding any other provision of this Section to the contrary,
the following matters may not be reconsidered:
a.
A resolution or ordinance authorizing or relating to any contract
that has been fully executed;
b.
A bill that has been duly passed by the Board of Aldermen and
signed by the Mayor pursuant to Section 79.140, RSMo.;
c.
An affirmative vote whose provisions have been partly carried
out;
d.
Any vote that has caused something to be done that it is impossible
to undo; and
e.
A vote on a matter in which the intervening rights of a third
party have vested.
2.
Introduction Of Bills. Any bill, resolution or other matter
shall be placed on the agenda for a meeting of the Board of Aldermen
at the request of the Mayor or any two (2) members of the Board of
Aldermen, subject to, the following:
a.
Any such request shall be submitted on forms prepared by the
City Administrator which contain, the following:
(1)
The proposed date of the meeting(s) of the Board
of Aldermen at which the bill, resolution or other matter will be
considered;
(2)
A general description of the nature of the matter
to be considered sufficient to enable drafting by City staff, or exact
verbiage if available;
(3)
A summary explanation of the bill, resolution or
other matter to be considered, including any supporting materials;
(4)
The budget impact, if any;
(5)
The name of the person or persons requesting such
action; and
(6)
Acknowledgment of timely receipt of the form by
the City Administrator.
b.
Such forms shall be submitted no later than 5:00 P.M. on the
Wednesday immediately preceding any work session of the Board of Aldermen
at which said bill, resolution or other items are to be discussed.
c.
Upon timely receipt of the form required herein, the bill, resolution
or other matter shall be placed on the agenda for the next work session
of the Board of Aldermen at which time the Board of Aldermen may vote
to direct its inclusion on a regular or special meeting of the Board
of Aldermen, on a subsequent date, for consideration or take such
other action as the Board of Aldermen shall deem appropriate.
d.
Notwithstanding any provision herein to the contrary, the procedures
provided herein shall not apply to any bill, resolution or other matter
that:
(1)
Was previously considered by the City's Planning
and Zoning Commission;
(2)
Involves the acquisition by the City of any right-of-way
or easement interests in real property, the cost of which are contained
within the authority granted the Mayor, City Administrator, or any
other person authorized under the budget or other ordinances of the
City;
(3)
Involves any budgeted items unless the same is
in excess of the authority granted to the Mayor, City Administrator
or other person authorized by existing ordinances;
(4)
Is an escrow agreement, escrow release, annexation
agreement or PUD agreement;
(5)
Is a communication from the Mayor to the Board
of Aldermen, a mayoral proclamation, a mayoral appointment, or a mayoral
certificate of recognition;
(6)
Are minutes of any meeting of the Board of Aldermen,
or any notice of public hearing required by ordinance or law;
(7)
Is a report or acknowledgment required by law;
(8)
Is an action required pursuant to a previously
approved contract, resolution or memorandum of understanding;
(9)
Is an approval of a license or permit;
(10)
Is an administrative action the procedures for
which are required by ordinance or law; or
(11)
Is a closed meeting item.
e.
Notwithstanding any provision herein to the contrary, subject
to the requirements Chapter 610, RSMo., the Mayor or any three (3)
members of the Board of Aldermen may consent to the addition of any
item to the agenda of any work session, regular or special meeting
of the Board of Aldermen in the case of an emergency. An "emergency"
for the purposes of this paragraph refers to unforeseen circumstances
that, if not addressed immediately by the Board of Aldermen, will
likely result in injury or damage to persons or property, substantial
financial loss to the City or if the effectiveness of the proposed
action will be significantly diminished if delayed to future meetings.
The purpose of the declaration of emergency shall be set forth in
the form submitted, and any action taken by the Board in reliance
upon that declaration shall be deemed consent and concurrence of the
Board of the existence of such emergency.
3.
Passage Of Ordinances. All bills shall have two (2) readings
before final passage, and, except in the case of emergency bills the
second reading of which is approved by the affirmative vote of five
(5) members of the Board of Aldermen, not more than one (1) reading
shall be at the same meeting of the Board of Aldermen and at least
one (1) week shall elapse between the introduction and the final passage
of any bill. After the second reading of any bill, the Board of Aldermen
may finally pass the bill with or without amendment; except that if
the Board of Aldermen shall make an amendment which constitutes a
change in substance, the bill as amended shall be filed in the office
of the City Clerk for one (1) additional week, after which final action
may be taken.
[Ord. No. 2268, 9-6-2023]
a.
Emergency Ordinances. Consistent with the procedures set forth
herein, an ordinance may be passed as an emergency measure on the
day of introduction of the bill, provided that it contains the statement
that an emergency exists and specifies the nature of the emergency.
Emergency ordinances shall be restricted to the following:
(1)
Bills concerning the immediate preservation of
public peace, property, health, safety or morals;
(2)
Bills that, if not addressed immediately by the
Board of Aldermen, will likely result in substantial financial loss
to the City or significantly diminish the effectiveness of the proposed
action;
(3)
Appropriations for the payment of principal or
interest on the public debt;
(4)
Appropriations for the payment of current expenses
of the City government or payment of compromise settlement of damage
claims upon recommendation of the City Attorney; or
(5)
Bills providing the issuance of bonds pursuant
to an election.
C.
Public Comment. The general public shall be afforded an opportunity
to address the Board of Aldermen during the portion of the order of
business set aside for public comment. Any person desiring to address
the Board of Aldermen shall first, before the announced conclusion
of public comments, fill out a public comment speaker card containing
the name of the speaker and the topic of his or her comments and submit
it to the City Clerk. When called by the City Clerk, the person wishing
to speak shall approach the designated microphone and provide their
name and address in an audible tone. Each speaker shall be allowed
three (3) minutes to speak. The Mayor will be responsible for enforcing
time limits. All remarks shall be addressed to the Board of Aldermen
as a body and not to any individual member thereof. No person, other
than the person having the floor, shall be permitted to speak during
the time allowed.
1.
If a member of the public asks a direct question of a member
of the Board of Aldermen or the Mayor, time will be set aside on the
agenda for the Mayor or any member of the Board of Aldermen to respond
to such a question with brief response as facilitated by the Mayor
as Chair of the meeting.
D.
Public Hearing. At each public hearing required by law or ordinance, the applicant or petitioner for the matter set for public hearing shall be given, collectively, fifteen (15) minutes to present their request to the Board of Aldermen. The Mayor and Board of Aldermen may ask questions of the applicant or petitioner. If such questions are asked of the applicant, petitioner, the Mayor, or the Board of Aldermen, may, in their sole discretion, extend the time for the applicant or petitioner to make their presentation to the Board of Aldermen. For purposes of this Subsection, the terms "applicant" or "petitioner" shall include the applicant or petitioners employees, agents and representatives. All other speakers shall be subject to the same rules and procedures as set forth in Subsection (C) of this Section.
E.
Decorum. In addition to the rules, regulations and procedures established
by Robert's Rules of Order, the Board of Aldermen shall abide
by the following with regard to maintaining order at public meetings:
1.
In the event any member of the public becomes belligerent, intimidating
or threatening or otherwise seeks to or does disrupt the orderly process
of the meeting in a manner obviously hostile to the announced purpose
of the meeting to any member of the governmental entity or to any
member of the general public, the presiding officer shall have the
authority and discretion to warn the offending member of the public
to refrain from the abusive or offensive behavior.
2.
If the offending member of the public refuses to abate the offensive
behavior, the presiding officer may request that the member leave
the meeting. In the event that the member refuses to do so, the presiding
officer may order his or her removal by any attending Police Officer
who shall proceed to escort the offending member from the meeting
premises.
3.
If in the presiding officer's judgment removal of the offending
member is required and no Police Officer is in attendance to effect
such removal, the presiding officer may suspend the meeting to request
the attendance of a Police Officer and the removal of the offending
member or the Board may adjourn the meeting as may be appropriate.
F.
Non-compliance with the provisions of this Section shall not invalidate
any action by the Board of Aldermen, irrespective of whether the rules
of procedure provided for in this Section were suspended, waived or
tacitly ignored.
